Art Collection Policy

1. Purpose

1.1 The Art Collection Policy (the policy) provides a framework to effectively manage the acquisition, care and conservation of the UTS Art collection (the collection).

2. Scope

2.1 This policy applies to all UTS staff and contractors involved in the management and care of the collection. It applies to all works of art acquired or proposed for acquisition by the university.

3. Principles

3.1 UTS understands the value of artistic works and aims to foster an understanding of society and culture through the acquisition, care and interpretation of contemporary art.  

3.2 UTS displays items from the collection to provide a university experience that is intellectually vibrant, forward-thinking and socially engaging.

3.3 Care and consideration is taken in the acquisition, display and management of art across the university in line with the UTS 2027 strategy, the Sustainability Policy and the Social Impact Framework.

3.4 Art collection management activities are conducted ethically and in the interest of the university, while upholding the National Standards for Australian Museums and Galleries, the International Council of Museums Code of Ethics and the statements outlined in this policy.

3.5 UTS has determined areas for collection. The university aims to principally acquire and retain outstanding works of art by contemporary Australian artists that strengthen its existing collection. Collecting is focused on the following areas:

1. 20th and 21st century Australian art, with a special focus on painting, works on paper, sculpture, photography, video and new media
2. contemporary Indigenous art
3. contemporary Australian artists’ responses to and engagement with technology and society, and
4. artworks by artists represented in the UTS Gallery exhibition program or by artists associated with UTS through teaching or research.

3.6 UTS may also establish special purpose collections that draw on or extend any of the acquisition areas outlined in principle 3.5. These collections must be established and managed in line with this policy.

3.7 UTS is committed to rigorous due diligence in respect of provenance, credibility and authenticity in relation to Indigenous Cultural and Intellectual Property. UTS is guided by the Protocols for using First Nations Cultural and Intellectual Property in the Arts and the Indigenous Art Code.

3.8 In line with the Research Policy, any donations from the tobacco industry are prohibited. Outside that industry, all prospective donors will be assessed through a due diligence and risk assessment process by the person responsible for the acquisition, including, but not limited to, appropriate background checks and/or assessment of modern slavery risks.

4. Policy statements

Acquisitions

4.1 UTS acquires artwork through purchase or gift. UTS exercises due diligence when acquiring artwork from any source.

4.2 The Curator and Manager acquires and disposes of artworks in line with this policy and the limits of general expenditure outlined in the UTS Delegations. Faculties, units and staff must seek the advice of the Curator and Manager in advance of purchasing or accepting any artwork.

4.3 All acquisitions must have a valid title or ownership documentation. Where validity of ownership is in question, UTS may, on advice, act as custodian pending resolution.

4.4 UTS observes the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970, to which Australia is a signatory. The UTS Art collection follows stringent procedures to establish detailed provenance documentation and proof of ownership and origin, adhering to Australian and international museum best practice.

4.5 The acquisition, inward loan, display and presentation of artworks by Indigenous artists is undertaken in accordance with principle 3.7.

4.6 The gift of an artwork can be made in 3 ways. As a:

1. direct (or unencumbered) donation
2. bequest, or
3. donation through the Australian Government’s Cultural Gifts Program.

4.7 Any financial donations for the purpose of acquiring artworks must be assessed and processed using the Philanthropic Fundraising Policy, the Donor Management Procedure (SharePoint) and the Donation Management Procedure (SharePoint).

4.8 Artworks previously acquired on behalf of the university, or received as an unsolicited gift, may be disposed of or transferred to the collection in line with this policy.

Commissions

4.9 UTS may commission artwork, including site specific public artworks and formal portraits of university figures, on the advice of the Curator and Manager in line with the Delegations.

Loans

4.10 All loans (inward and outward) must be assessed and approved by the Curator and Manager in line with this policy and subject to the condition and availability of the artwork(s) requested and the completion of a risk assessment.

4.11 All loans (inward and outward) are subject to the conditions set out on a formal loan agreement issued by the Curator and Manager and developed in consultation with the Office of General Counsel. These agreements must be signed off by both parties to the loan.

4.12 Outward loans to private individuals will not be approved.

Display

4.13 Priority for the display of artworks on campus is given to high profile public spaces for the maximum benefit of the UTS community and its visitors. Artworks will be appropriately acknowledged.

4.14 The collection is to be displayed at the discretion of the Curator and Manager. UTS reserves the right to restrict the display of certain artworks where the environmental or physical conditions may damage the work.

Deaccession and disposal

4.15 UTS reserves the right to remove and/or dispose of artworks in the permanent collection as a necessary part of responsible collection development and management or where a work requires such attention that it unreasonably takes away resources needed for the care of the rest of the collection.

4.16 UTS must approach the disposal of works with caution and incorporate appropriate delay and review mechanisms in its requirements for disposal. UTS must also observe any legal conditions pertaining to its right of disposal.

4.17 The final deaccession decision and manner of disposal is recommended by the Curator and Manager following careful consideration of the significance, provenance, age, condition and value of the artwork. 

4.18 Full records must be kept of any artwork disposed of and of the decision-making process behind the disposal (refer Records management).

4.19 UTS complies with the Cultural Gifts Program when considering or accepting any gifts proposed by this scheme. In particular, gifts made under the program cannot be returned to the donor as the donor will have received the benefit of the tax deduction for the gift.

4.20 Works of art disposed from the collection will not be sold or given to members of the governing body or staff of the university, their families or close associates. 

4.21 Any proceeds gained from disposal will be credited solely to funds used for the acquisition or maintenance of the collection.

Governance 

4.22 The strategic and operational planning for the UTS Gallery and the UTS Art collection is governed by the UTS Art Advisory Committee (UAAC) (refer Appendix 1 for UAAC terms of reference and membership).

Reporting

4.23 The Curator and Manager must provide the following annual reporting:

1. A summary of UTS art programs and activities to the Head, Brand Strategy and Engagement; the Art, Activation and Place Group; and the University Leadership Team
2. A report to the Deputy Vice-Chancellor (External Engagement and Partnerships) on UTS Gallery and UTS Art collection asset management (including the collection, acquisitions, donations, loans and disposals).

Conflicts of interest 

4.24 Any individual associated with the collection must declare any actual, perceived or potential conflicts of interest in line with the Conflicts of Interest Disclosure Policy.

Records management

4.25 The Curator and Manager is responsible for maintaining a current and up-to-date collection register. All collection records and the collection register must be managed in line with the Records Management Policy.

4.26 Newly approved acquisitions and loans must be formally included in the collection register in line with the Records Management Policy. Special purpose collections must be included in the collection register with a separate identifier.  

4.27 Records for all deaccessioned or disposed artworks, including the minutes, decision-making and approval process for each disposal, must be kept on the collection register and official committee files by the Curator and Manager.

Policy breaches

4.28 Breaches of this policy are considered a failure to comply with the Code of Conduct. This includes UTS’s right to notify a relevant statutory authority and/or agency where breaches of relevant legislation may be evident.

4.29 Disclosures of serious wrongdoing (including corrupt conduct, maladministration, serious and substantial waste) must be managed in line with the Whistleblowing and Public Interest Disclosures Policy.

5. Roles and responsibilities

5.1 Policy owner: The Deputy Vice-Chancellor (External Engagement and Partnerships) oversees enforcement and compliance of this policy, ensuring that its principles and statements are observed. The Deputy Vice-Chancellor (External Engagement and Partnerships) is also responsible for approving all UTS Art collection acquisitions and deaccessions (on the recommendation of the Curator and Manager).

The UTS Art Advisory Committee (UAAC) reports to the Deputy Vice-Chancellor (External Engagement and Partnerships).

5.2 Policy contact: The Curator and Manager is responsible for the implementation of this policy and acts as the primary contact for advice on implementing its provisions.

5.3 Implementation and governance roles: The UAAC (refer Appendix 1) provides advice and assurance on the strategic programming and development of the UTS Gallery and the UTS Art collection. The committee acts as a governance mechanism for developing the UTS Art collection in line with the policy.

6. Definitions

These definitions apply for this policy and all associated procedures. Definitions in the singular also include the plural meaning of the word.

Acquisition means the process of gaining legal possession of artwork for the UTS Art collection, through purchase, donation, bequest or transfer.

Artwork means any original creative work including drawing, painting, sculpture, photograph, installation, digital media or design item.

Bequest is defined in the Philanthropic Fundraising Policy.

Collection means the UTS Art collection. The UTS Art collection may have special purpose or thematic collections established for a specific purpose, building or event. The requirements of this policy apply to both the collection and special purpose collections.   

Collection management activity means all of the practices and procedures implemented by UTS in acquiring, handling, accessing, storing, securing, lending, conserving and disposing of UTS Art collection items.

Commission means the request and authorisation by UTS for the production of an original artwork.

Deaccession means the process of permanently removing and deregistering artwork from the UTS Art collection. It is expected that this will only take place for clearly stated reasons, ensuring all legal and procedural requirements are met.

Disposal means the physical removal of artwork from the UTS Art collection after it has been formally deaccessioned.

Donation is defined in the Philanthropic Fundraising Policy.

Gift is defined in the Philanthropic Fundraising Policy.

Indigenous Cultural and Intellectual Property is defined in the Intellectual Property Policy.

Loan means the act of borrowing an artwork for temporary inclusion in the UTS Art collection or granting an external party or organisation the use of artwork from the permanent collection; both with the understanding that the artwork will be returned to the original owner.

Loan agreement means the formal document that sets out the agreed conditions of the loan between the lender and the borrower.